411.493 Nonliability for removal costs or damages from actions under national
157 words·~1 min read·
/ky/411-493A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
contingency plan for oil spills.
(1)Notwithstanding any other provision of law, except as provided in subsection
(2)of
this section, a person is not liable for removal costs or damages which result from
actions taken, or not taken, in the course of rendering care, assistance, or advice
consistent with the national contingency plan or as otherwise directed by the federal
on-scene coordinator or by the secretary of the Energy and Environment Cabinet, or
his designee.
(2)Subsection
(1)of this section does not apply:
(a)To a responsible party;
(b)To any person who is grossly negligent or who engages in willful misconduct;
or
(c)With respect to personal injury or wrongful death.
(3)A responsible party is liable for any removal costs and damages that another person
is relieved of under subsection
(1)of this section.
(4)Nothing in this section affects the liability of a responsible party for oil spill
response under Kentucky law.